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14 April 2011 / Michael Feakes
Issue: 7461 + 7462 / Categories: Features , Procedure & practice , Costs
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End of the road for success fees?

The Sousa decision provides important clarification of the operation of conditional fee agreements, says Michael Feakes

Litigation funding is rarely out of the legal news at present. The Jackson Report in early 2010 suggested widespread changes to the way much litigation is funded, and the government has announced plans to implement Jackson’s proposals wholesale. In a recent case, the Court of Appeal had the opportunity to achieve one of Jackson’s aims, and abolish the recoverability of certain success fees. The court’s decision provides important clarification of the operation of conditional fee agreements (CFAs).

The circumstances leading to the case of Sousa v London Borough of Waltham Forest [2011] EWCA Civ 194 were straightforward. Sousa claimed his house was damaged by subsidence when nearby trees extracted moisture from the ground underneath. His home insurers paid for the repairs, and then sought to recover their money from the owners of the trees, the defendant local council. To do this, the

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DWF—Chris Air

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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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